Arizona Slip and Fall Lawyers

What "premises liability" actually means in Arizona

Arizona courts evaluate slip-and-fall cases using the framework in the Restatement (Second) of Torts § 343. A property owner or business operator is liable to a lawful visitor for injuries caused by a dangerous condition on the property if all four of the following are true:

1. A dangerous condition existed on the property.
2. The owner or operator knew or should have known about it through the exercise of reasonable inspection.
3. They failed to fix it or to warn visitors.
4. The condition caused the visitor's injury.

"Should have known" is where most slip-and-fall cases are won or lost. We obtain the property's inspection logs, employee schedules, surveillance footage, and incident-report history to show that the hazard existed long enough that a reasonable operator should have caught it.

Types of premises cases we handle

• Grocery stores — wet floors, spilled liquids, slippery produce, broken refrigerator cases.
• Big-box retail — Costco, Walmart, Home Depot, Target. Wet entryways, fallen merchandise, broken pallet boards.
• Restaurants and bars — kitchen runoff, greasy floors, unsalted ice on patios in winter.
• Hotels and resorts — pool decks, lobby spills, dark hallways, defective elevators or escalators.
• Apartment complexes and HOAs — broken stairs, unlit walkways, unmaintained common areas.
• Construction sites open to the public, including new-build community tours.
• Public sidewalks with raised, cracked, or otherwise dangerous surfaces.
• Gym and fitness facilities with wet locker-room floors or broken equipment.

Arizona comparative negligence and slip-and-fall

Defense lawyers in premises cases almost always argue that the visitor was partly at fault — distracted, wearing inappropriate shoes, ignoring a sign, etc. Under A.R.S. § 12-2505, Arizona is a pure comparative-negligence state, which means even if you bear some fault, you can still recover — just reduced by your percentage. We aggressively contest inflated comparative-fault arguments because every percent the carrier attaches to you is a percent it doesn't have to pay.

What to do right after a fall

1. Report the incident to a manager or property staff and request an incident report be written.
2. Photograph the hazard before it gets cleaned up — wet floor, broken step, missing handrail, etc.
3. Get names and contact info of any witnesses.
4. Get medical attention immediately, even if you "feel fine." Soft-tissue and concussion symptoms emerge later.
5. Preserve the shoes and clothes you were wearing.
6. Do not give a recorded statement to any insurer before consulting an attorney.